Back in late July, the Addison Township Zoning Board of Appeals (ZBA) voted 4-1 to grant a dimensional variance for a cell tower proposed by Verizon Wireless.
But the issue is not over yet.
Kingsbury Country Day School, along with Kingsbury School Inc. (the trust of Kingsbury) and neighboring residents Lawrence and Amanda Shelton filed an appeal in Oakland County Circuit Court in an attempt to overturn that decision.
The school is represented by attorneys Timothy Stoepker and George Butler of the Detroit-based firm Dickinson Wright. Stoepker told this reporter he was unable to comment.
If approved, the proposed 197-foot-tall collapsible monopole tower would be constructed at the northeast corner of Hosner and Oakwood roads, near Kingsbury Country Day School, to provide better and more reliable cell coverage to the area.
Christine Stephens, who serves as president of the Kingsbury Country Day School Charter School Board, said school officials are hoping to see the ZBA’s decision reversed for the well-being of Kingsbury students.
“The hope for our students and for our school is that Addison Township chooses a different location for the cell phone tower,” said Stephens in an interview with this reporter. “We just don’t feel it’s in our children’s best interest to have a cell phone tower located in such close proximity to the school property and on such a small parcel of property, in light of the ordinance.”
During the ZBA’s June 8 meeting, many parents of Kingsbury Country Day School students, along with local residents, voiced their concerns about the potential negative impacts the proposed tower could have on property values, student/staff health and the environment.
In the 74-page appeal that was filed, the appellants argue the ZBA failed to follow township ordinance and the decision was not based upon “substantial, competent and material evidence on the record.”
It also states the ZBA “failed to comply with proper procedure” and that the public notice for the cell tower hearing failed to notify the community of the proposed tower’s deviation from the township’s setback ordinance which requires a cell tower to be set back from property lines from a distance no less than the height of the tower.”
The tower is proposed to be 197 feet in height and would be set back approximately 90 feet from the property line adjacent to the school.
The public notice regarding the hearing, which was published on May 11, 2017, read, “Applicant requests a variance for the placement of wireless communication facility. A dimensional variance for lot area of 14.76 acres from zoning ordinance provisions: wireless communications facilities Article 4.47, Section 4.b2 ‘the minimum lot size shall be twenty (20) acres.’”
The same parties also filed a second lawsuit through Oakland County Circuit Court claiming the ZBA did not have the jurisdiction to approve a dimensional variance for the cell tower, as township ordinance “does not permit variance of lot sizes.”
According to section 2.02 of township ordinance, “a variance is authorized only for height, area, and size of structure or size of yards and open spaces.”
The lawsuit also states that “it was the responsibility of the applicant to choose an adequately sized parcel, not one that fell nearly 75 percent short (of township ordinance) . . . No amount of lease revenue can rectify a 15-acre deficiency.”
Township zoning ordinance requires the lot size for wireless communications towers to be a minimum of 20 acres, while the proposed tower is to be located on a lot area containing approximately 5.24 acres.
If erected, the land would be leased to Verizon by the township, which would receive approximately $17,000 per year from the agreement.
Because of this, the lawsuit claims that the “(township and ZBA) decided to ignore the dimensional criteria in exchange for the financial benefit of the township” and that the “ZBA failed to disclose the township’s conflict of interest in hearing the township’s ZBA application.”
With the dimensional variance having been obtained, Verizon was seeking to obtain a special use permit and site plan approval from the township’s planning commission in order for the proposed tower to come to fruition.
Addison Township’s planning commission has postponed its decision regarding the special use permit and site plan approval until a judgment is rendered on the appeal.
The township has not yet filed its response to the appeal.
Township attorney Robert Davis did not return phone calls seeking comment.
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